A federal grand jury declined Tuesday to indict six congressional Democrats targeted by the Justice Department over a video urging service members to refuse orders.
The decision came after months of political tension surrounding the case and was reached by a Washington, D.C.–based grand jury pool drawn from a city where Democrats overwhelmingly dominate the voter rolls. The news was first reported by The New York Times.
Two sources briefed on the proceedings said prosecutors sought charges under 18 U.S.C. § 2387. The statute carries a potential 10-year prison sentence for anyone who “advises, counsels, urges, or in any manner causes or attempts to cause insubordination, disloyalty, mutiny, or refusal of duty” within the military. The law requires proof of intent to “interfere with, impair, or influence the loyalty, morale, or discipline” of service members.
All six Democrats blasted the investigation and celebrated the outcome.
Sen. Elissa Slotkin of Michigan accused the president of trying to “weaponize our justice system against his perceived enemies,” while Sen. Mark Kelly of Arizona called the probe an “outrageous abuse of power.” Rep. Jason Crow of Colorado wrote, “Don’t Give Up the Ship,” and Rep. Chris Deluzio of Pennsylvania declared, “I will not be intimidated for a single second.”
Rep. Maggie Goodlander of New Hampshire said the grand jury “honored our Constitution,” and Rep. Chrissy Houlihan of Pennsylvania described the refusal to indict as “good news for the Constitution.”
The case stemmed from a 90-second video posted in November. In it, the six Democrats — all military veterans or former intelligence officials — told service members they “must refuse illegal orders.”
The lawmakers said the video responded to what they viewed as troubling rhetoric and proposals from President Trump, including past comments about using military force domestically. Legal scholars note that U.S. troops are required to follow lawful orders and, in cases involving “manifestly unlawful” commands, are obligated to disobey.
Defense Secretary Pete Hegseth criticized the video at the time, saying it “sows doubt and confusion — which only puts our warriors in danger.”
A week after the video’s release, the lawmakers were informed that the FBI had opened an inquiry. Several Democrats later said they received Justice Department requests for interviews, including outreach from U.S. Attorney for the District of Columbia Jeanine Pirro.
With the grand jury declining to indict, the politically fraught case now appears stalled.
